MGMT 254 EXAM 2 QUESTIONS WITH VERIFIED
ACCURATE ANSWERS
The actions and activities of most federal agencies that are not otherwise regulated are
controlled by the:
a. Administrative Procedure Act.
b. Freedom of Information Act.
c. The Sunshine Act.
d. Federal treaties. - Answers - a. Administrative Procedure Act.
An administrative law judge for the Environmental Protection Agency decides a case
against a manufacturer. Which of the following is correct regarding the hearing of the
case by the administrative law judge?
a. The rules of evidence will be strictly applied by the ALJ in deciding the case.
b. There is no appeal from the decision of the ALJ.
c. The ALJ will decide the case by having a jury trial.
d. The ALJ may be authorized to make an initial determination without holding a
hearing. - Answers - d. The ALJ may be authorized to make an initial determination
without holding a hearing.
Administrative law judges have the authority to do all but which one of the following?
a. Swear witnesses.
b. Make evidentiary rulings.
c. Take testimony.
d. Impanel a jury. - Answers - d. Impanel a jury.
Once __________, and after public input, administrative rules are applicable to all
parties.
a. read before the House and the Senate
b. promulgated
c. approved by the Supreme Court
d. signed by the President of the United States - Answers - b. promulgated
A(n) __________ are practical devices to cut across procedures already outlined and is
a negotiated disposition of a matter before an administrative agency.
a. formal contract
b. informal settlement
c. judicial verdict
d. quasi-judicial verdict - Answers - b. informal settlement
The Supreme Court of the U.S. heard F.C.C. v. Fox Television Stations, Inc. In the
Court's 2012 ruling what issue did they consider?
a. Whether expletives on a national television broadcast are offensive.
,b. Whether FCC's indecency policy gave broadcasters sufficient notice of what would be
considered indecent.
c. Whether the FCC had jurisdiction over words used on televised broadcasts.
d. Whether the use of the expletives on the show in question was intentional. - Answers
- b. Whether FCC's indecency policy gave broadcasters sufficient notice of what would
be considered indecent.
KBT Inc. was involved in a hearing with an administrative agency. The hearing ruled
against KBT Inc. and the company has now filed an appeal with a district court. Under
what circumstances would the district court overturn the ruling made by the
administrative agency hearing?
a. If the court disagrees with the ruling based on a question of fact
b. If the court would made a different decision based on the same facts
c. If the court disagrees with the legal interpretation of the decision under a question of
law
d. The court should never reverse the administrative agency ruling, under any
circumstances. - Answers - c. If the court disagrees with the legal interpretation of the
decision under a question of law
After the September 11, 2001 attacks on the World Trade Center, airport security
measures and process were changed with an exemption of what policy?
a. allowing suspension of any airport security measures.
b. 30-day public comment period.
c. promulgation deadline.
d. Freedom of Information Act request. - Answers - b. 30-day public comment period.
Midland Manufacturing Corp. was required to spend $2million to repair its ventilation
system after the Occupational Safety and Health Administration (OSHA) found that the
system was not properly venting the workplace and was causing employees to have
respiratory issues. Midland is now suing OSHA and holding them liable for the money
that they have to spend to meet the regulations. What is the court likely to consider in
the case of liability of an agency?
a. Whether the cost to make repairs is excessive
b. Whether the agency acted in good faith in exercising its powers
c. Whether anyone actually got sick or not
d. Whether Midland can afford to make the repairsb. Whether the agency acted in good
faith in exercising its powers - Answers - b. Whether the agency acted in good faith in
exercising its powers
Administrative agencies are governmental entities—other than courts and legislatures
—having authority:
a. to lay and collect taxes, duties, imposts and excises.
b. to make an official decision upon the respective rights of the parties to a suit.
c. to administer and implement legislation.
d. to pay for the debts and common defense and general welfare. - Answers - c. to
administer and implement legislation.
, The Environmental Protection Agency suspects Jimmy Jameson of dumping unlawful
chemicals into a stream on his company's property. The EPA has obtained evidence,
claimed to be proof of unlawful activity, by way of aerial photography. In carrying out
these investigations, which of the following is true?
a. The agency has traditionally been accorded great discretion within constitutional
limits.
b. The agencies have the unfettered right to investigate in any way they see fit.
c. The agencies must abide by the exact same rules as law enforcement.
d. An agency cannot require sworn testimony or the production of records. - Answers -
a. The agency has traditionally been accorded great discretion within constitutional
limits.
Under the Freedom of Information Act administrative agencies can deny access to nine
categories of records that:
a. is not necessary to their legitimate interests and might harm the person or company
whose information is being sought.
b. are related to anyone who is the Screen Actors Guild.
c. is protected by the Government in the Sunshine Act.
d. is requested to be protected by either political party. - Answers - a. is not necessary
to their legitimate interests and might harm the person or company whose information is
being sought.
How are the heads of Federal Administrative Agencies selected?
a. By being elected by the population of the state
b. By completing an application process, like any other job, and going through an
ordinary hiring process.
c. By being appointed by the President of the US.
d. By being selected from the current agency employees by a committee. - Answers - c.
By being appointed by the President of the US.
Under the Sunshine Act, meetings of many federal agencies are required to be:
a. transcribed by a court reporter.
b. held in secret, undisclosed locations.
c. open to the public.
d. presided over by the President. - Answers - c. open to the public.
Mr. Streetman's neighbor just bought a new car and a new boat. He is curious about
how his neighbor got the money for the purchases. Mr. Streetman decides to use the
Freedom of Information Act to find out how much money his neighbor makes at his job.
What would be the likely outcome of this activity?
a. He would be able to find out any job information, including pay.
b. He would be able to find out where his neighbor works, but not his pay rate.
c. Based on the "open records" provision, he could find out anything he wants.
d. He would not able to find out anything about his neighbor. - Answers - d. He would
not able to find out anything about his neighbor.
ACCURATE ANSWERS
The actions and activities of most federal agencies that are not otherwise regulated are
controlled by the:
a. Administrative Procedure Act.
b. Freedom of Information Act.
c. The Sunshine Act.
d. Federal treaties. - Answers - a. Administrative Procedure Act.
An administrative law judge for the Environmental Protection Agency decides a case
against a manufacturer. Which of the following is correct regarding the hearing of the
case by the administrative law judge?
a. The rules of evidence will be strictly applied by the ALJ in deciding the case.
b. There is no appeal from the decision of the ALJ.
c. The ALJ will decide the case by having a jury trial.
d. The ALJ may be authorized to make an initial determination without holding a
hearing. - Answers - d. The ALJ may be authorized to make an initial determination
without holding a hearing.
Administrative law judges have the authority to do all but which one of the following?
a. Swear witnesses.
b. Make evidentiary rulings.
c. Take testimony.
d. Impanel a jury. - Answers - d. Impanel a jury.
Once __________, and after public input, administrative rules are applicable to all
parties.
a. read before the House and the Senate
b. promulgated
c. approved by the Supreme Court
d. signed by the President of the United States - Answers - b. promulgated
A(n) __________ are practical devices to cut across procedures already outlined and is
a negotiated disposition of a matter before an administrative agency.
a. formal contract
b. informal settlement
c. judicial verdict
d. quasi-judicial verdict - Answers - b. informal settlement
The Supreme Court of the U.S. heard F.C.C. v. Fox Television Stations, Inc. In the
Court's 2012 ruling what issue did they consider?
a. Whether expletives on a national television broadcast are offensive.
,b. Whether FCC's indecency policy gave broadcasters sufficient notice of what would be
considered indecent.
c. Whether the FCC had jurisdiction over words used on televised broadcasts.
d. Whether the use of the expletives on the show in question was intentional. - Answers
- b. Whether FCC's indecency policy gave broadcasters sufficient notice of what would
be considered indecent.
KBT Inc. was involved in a hearing with an administrative agency. The hearing ruled
against KBT Inc. and the company has now filed an appeal with a district court. Under
what circumstances would the district court overturn the ruling made by the
administrative agency hearing?
a. If the court disagrees with the ruling based on a question of fact
b. If the court would made a different decision based on the same facts
c. If the court disagrees with the legal interpretation of the decision under a question of
law
d. The court should never reverse the administrative agency ruling, under any
circumstances. - Answers - c. If the court disagrees with the legal interpretation of the
decision under a question of law
After the September 11, 2001 attacks on the World Trade Center, airport security
measures and process were changed with an exemption of what policy?
a. allowing suspension of any airport security measures.
b. 30-day public comment period.
c. promulgation deadline.
d. Freedom of Information Act request. - Answers - b. 30-day public comment period.
Midland Manufacturing Corp. was required to spend $2million to repair its ventilation
system after the Occupational Safety and Health Administration (OSHA) found that the
system was not properly venting the workplace and was causing employees to have
respiratory issues. Midland is now suing OSHA and holding them liable for the money
that they have to spend to meet the regulations. What is the court likely to consider in
the case of liability of an agency?
a. Whether the cost to make repairs is excessive
b. Whether the agency acted in good faith in exercising its powers
c. Whether anyone actually got sick or not
d. Whether Midland can afford to make the repairsb. Whether the agency acted in good
faith in exercising its powers - Answers - b. Whether the agency acted in good faith in
exercising its powers
Administrative agencies are governmental entities—other than courts and legislatures
—having authority:
a. to lay and collect taxes, duties, imposts and excises.
b. to make an official decision upon the respective rights of the parties to a suit.
c. to administer and implement legislation.
d. to pay for the debts and common defense and general welfare. - Answers - c. to
administer and implement legislation.
, The Environmental Protection Agency suspects Jimmy Jameson of dumping unlawful
chemicals into a stream on his company's property. The EPA has obtained evidence,
claimed to be proof of unlawful activity, by way of aerial photography. In carrying out
these investigations, which of the following is true?
a. The agency has traditionally been accorded great discretion within constitutional
limits.
b. The agencies have the unfettered right to investigate in any way they see fit.
c. The agencies must abide by the exact same rules as law enforcement.
d. An agency cannot require sworn testimony or the production of records. - Answers -
a. The agency has traditionally been accorded great discretion within constitutional
limits.
Under the Freedom of Information Act administrative agencies can deny access to nine
categories of records that:
a. is not necessary to their legitimate interests and might harm the person or company
whose information is being sought.
b. are related to anyone who is the Screen Actors Guild.
c. is protected by the Government in the Sunshine Act.
d. is requested to be protected by either political party. - Answers - a. is not necessary
to their legitimate interests and might harm the person or company whose information is
being sought.
How are the heads of Federal Administrative Agencies selected?
a. By being elected by the population of the state
b. By completing an application process, like any other job, and going through an
ordinary hiring process.
c. By being appointed by the President of the US.
d. By being selected from the current agency employees by a committee. - Answers - c.
By being appointed by the President of the US.
Under the Sunshine Act, meetings of many federal agencies are required to be:
a. transcribed by a court reporter.
b. held in secret, undisclosed locations.
c. open to the public.
d. presided over by the President. - Answers - c. open to the public.
Mr. Streetman's neighbor just bought a new car and a new boat. He is curious about
how his neighbor got the money for the purchases. Mr. Streetman decides to use the
Freedom of Information Act to find out how much money his neighbor makes at his job.
What would be the likely outcome of this activity?
a. He would be able to find out any job information, including pay.
b. He would be able to find out where his neighbor works, but not his pay rate.
c. Based on the "open records" provision, he could find out anything he wants.
d. He would not able to find out anything about his neighbor. - Answers - d. He would
not able to find out anything about his neighbor.
